WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Saturday, January 05, 2008

OUR WISE FLORIDA JUDGES

Thanks to the Broward Blog which is keeping us well informed of the responsible, caring, wise, and judicious decisions of the Judges of the State Of Florida.

Broward Circuit Judge Marina Garcia-Wood was a little ticked off when Victoria Sando failed to appear on a domestic violence battery charge. So beyond issuing a warrant for the arrest of Sando, who happens to be paralyzed and confined to a wheel chair, Judge Wood held Sando in contempt of court and sentenced her to six months in jail. BSO executed the warrant at 5:30 AM earlier this week, and the citizens of Broward County can now rest easier knowing that wheelchair bound Sando has been taken off the streets for the next six months. Sando is scrambling to find someone to take care of her guide dog. Perhaps Judge Garcia-Wood can arrange for Michael Vick to help. Kudos to Judge Garcia-Wood, who exemplifies the Judicial philosophy North of the Border of giving the defendant a real good kick when they are down and most vulnerable. We are certain her “tough on crime” actions in this case will be something Judge Garcia-Wood can brag about for the rest of her career. It’s not often a Judge gets to send a swat team at 5:30 in the morning to haul a paralyzed woman off to jail. The Sun Sentinel story is : HERE

Speaking of kicking someone when they’re down, Jacksonville Circuit Judge Bowden fired his judicial assistant of 17 years just ten days before Christmas. But Bowden had good reason: Christine Birch, 54, was dying of cancer and had been unable to work since August. Bowden’s actions had the effect of terminating Birch and her medical insurance. Chief Circuit Judge Donald Moran responded to Judge Bowden’s actions by calling him, and this is an exact quote “a no good son of a bitch.”Judge Bowden was panicked by the possibility that, if he didn’t fire Birch immediately, he might not have the ability to hire a new judicial assistant for sixty days. And lord knows the entire State of Florida would grind to a halt if Judge Bowden wasn’t on the bench administering the type of caring and concern to the litigants who appear before him as he does to the people who work for him for 17 years.

Judges sending paralyzed women to jail for six months for missing court. Judges firing employees dying of cancer, who then lose their health insurance. Welcome to Florida, where we have the best, brightest, most caring and concerned Judges this side of Saudi Arabia (whose appellate judges recently enhanced the sentenced a young woman received to six months prison and 200 lashes for being gang raped.) That story isHERE

There is no truth to the rumor that next week’s Florida Judicial Conference is being held in Riyadh.

See you in court, where truth in Florida courts is sadly stranger than fiction.

The movie SICKO comes out and a little outrage about our health care for a few weeks. Then this story out of Jacksonville and a few weeks ago in California a person was going to die until nurses picketed CIGNA and then they agreed to provide the care and the person lived. 12 years after Congresswoman McCarthy is elected after her husband is killed, 28 years after Reagan and Brady shot, dozens of mass shootings , school shootings, and the in vogue thing in the last 10 years(murder suicide) and the movie BOWLING FOR COLUMBINE still no handgun control. And now we have an election year: the only candidate that I think remotely gives a SHIT about gun violence, health care, homeless, is Barack Obama and I am not even sure about him because he too is a career politician. All Republicans except Ron Paul will continue to use our children to die for corporate profits (Iraq), Clinton will be bogged down with scandal before she even enters office, and Edwards is a pretty boy hypocrit who runs for office while his wife has cancer and builds a mansion when he claims to be a champion for the poor. Hilary remains married to a rapist, adulterer, and remember Filegate, stock scams, Vincent Foster, Lewinsky, all the politicians in Arkansas who went to prison under their time in the White HOuse, many for keeping their mouths shut, the land deal (Whitewater?) and plenty else. I guess I must be a glass is half empty person and don't see enough of the good in this country, maybe 1 million homeless out of 300million isn't bad, maybe they deserve it, maybe we should have trailer parks, blighted inner city ghettos, 1% of the population control 80% of the wealth, murders armed robberies rapes every night on the news in every major city, war with a country that didn't attack us, no health care for 25% of the population, athletes paid 20 million for 3 months work (shaq), but hey -GO PARCELLS, GO DOLPHINS AND HEAT AND I LOVE THE NEW MIAMI OPERA HOUSE WHICH IS USED ONCE A MONTH WHILE 200 PEOPLE SLEEP ON THE SIDEWALK A HALF MILE AWAY. OH SHIT, I JUST MISSED A FIELD GOAL IN THE REDSKINS GAME WRITING THIS SHIT. P.S. WHY MOURN SEAN TAYLOR AND NOT THE 12000 MURDER VICTIMS A YEAR. HEY KFR- WHAT HAVE YOU DONE TO CURTAIL VIOLENCE IN MIAMI IN THE LAST 13 YEARS?

You were fired by Judge Bowden for being too sick to report to work. However, in speaking with the media, you stated that it was merely a disagreement and that you were ready and able to work. That statement is patently untrue.

As you know, it is the primary concern of the Dade County State Attorneys Office that individuals who are fired NOT lie about why they are fired. You have violated our cardinal rule. As such, you leave the State Attorney no choice but to immediately terminate you forthwith for lying about why you were fired. By the power vested in me by the State Of Florida and the State Attorney, you are hereby terminated and fired immediately.

Rumpole Which ring did Dante assign these to Circus Court Judges?Too many seem without common sence not to mention compassion. Once again I ask these good christians, WWJD?Somedays I pray there is Karma!D. Sisselman

I'd like to comment on the acts of the judges but am fearful of fla bar retribution. I'm glad that the regulatory body overseeing lawyers is having a chilling effect on free speech. The irony of lawyers eroding the first amendment would be funny if it were not so serious.

The judges have been out of control for way to long. Seems to me that, for many of them, the best parts of being a judge are not having to admit you're wrong and never having to say you're sorry. Alan Schwartz is exhibit A. No matter how many lawyers he torches (and no matter how many are later cleared by the Bar), nothing happens (but for one well deserved reprimand) and he keeps chugging along. When the appellate judges are themselves abusing litigants, who do you think is going to stop the trial judges? The JQC? Naw. You must be kidding. The JQC is all but powerless. And, everything is done in secret.

Regardless, we have only ourselves to blame. Who among us files complaints? (that's one thing you can respect Jack for.......at least he doesn't let the judiciary walk all over him. If he'd stick with the issues and avoid the daily personal attacks, he'd be a great advocate for us all).

here is a perfect example of the media and a wanna be blog reporter taking issues out of context. Why not print this part of the story rumpole?

"Sando's more pressing predicament began in 2006 when a neighbor, Richard Godbout, 46 and also disabled, won a court order barring Sando from coming near him after he alleged she threatened him with a knife. Godbout said he feared for his life.

Godbout recently said Sando violated the order by making harassing phone calls and denting his van with her wheelchair.

Ordered to appear in court Dec. 11, Sando said she wrote down the wrong date. When she did not appear, Garcia-Wood ordered her arrest.

"I cry every day because my pets have never been without me," said Sando. "But I can take it. I can pretty much take anything."

This lady seems able to ram another mans car with her weelchair and threaten him with a knife.

Get real, next time miss I cant move smashes into a persons car she will now know what will take place.

The police went to the respondent's home and arrested her pursuant to a standard lawfully issued order.

Did the respondent contact an attorney upon being arrested? No

Did she call the Public Defender's Office to get someone to set an emergency hearing? NO

Now, the Broward PD and the Broward BLOG are taking advantage of what is an unfortunate situation by whoring it out to the media.

The Blog is now taking up a "charity drive" to collect money and food for this respondent's animals, to be sent to the JUDGE's CHAMBERS!!

For crap's sake Rump, tweak the noses of the judiciary all you want (god knows I love doing it), but can someone PLEASE tell me how this judge did something heartless and cruel as is being alleged when all the information she had was that a respondent failed to appear for a final hearing after being served with a petition and order and did NOTHING.

Just a few weeks ago, the media and the Broward Blog were up in arms about a judge who REFUSED to act on a request for a Domestic Violence Restraining Order, and the respondent wound up killing the petitioner.

Can anyone here see the real issue? Does anyone here see the common threads of youth, inexperience in life and law and the flaws of an elected judiciary? Does anyone here realize that only 5% of the judges are ever seen on a ballot? All those who fought the merit retention system under the disquise of the "right to vote" never understood that under the merit retention system we would have seen every judge on the balllot every six years and because it is local, just like in Colorado, we could vote the bad ones out.

Like you Rumpole I am tired of listening to 32 year olds tell me how experienced and brilliant they are and how wasted their talents are in a trial court. Babies telling us how to live our lives and how to practice law. It is this naitivity that making decisions for others is easy that leads to disasterous results for us all.

1:38:00 am, you should know that when a respondent fails to appear for the hearing on a petition for injuction against domestic/repeat/dating violence, all the judge has to do is take testimony from the petitioner and enter the injunction, just as if it were a default judgment. The respondent's absence makes the proceeding even easier. There is no need to issue a writ of bodily attachment in these cases, and this is the first time I've ever heard of a judge doing so. That judge seems to need some serious retraining in domestic/repeat/dating violence law.

I have a close friend whose wife has been suffering with cancer for several years. We can talk until we are blue in the face about "support" and wear yellow and pink plastic bracelets ad nauseum but when push comes to shove it is what we actually DO that separates the men from the boys.

Agreed, but this wasn't an order GRANTING an Order Against Repeat Violence.

An order had already been issued and this was a VIOLATION HEARING.

As such, it is appropriate for the judge to issue a civil contempt citation (which she did) and have it served on the respondent (which was done) and as the respondent didn't respond by whatever purge date was in the Order, she was picked up and put in jail.

The fact remains that this respondent was:

1. Served with a Petition for an Order against Repeat violence and failed to contest it;

2. Was served with the GRANTED Order Against Repeat Violence and did nothing;

3. Was served with notice that a violation hearing was being scheduled and did not appear;

4. Was then served with the Contempt Order for her failure to appear TEN DAYS BEFORE SHE WAS ARRESTED AND DID NOTHING.

Should the respondent be released if she has a valid reason for missing her hearing, probably.

Should she be released because of her disability and the inability of the jail to handle a person in her situation? ABSOLUTELY.

But it should not be ignored that this respondent does bear some personal responsibility in this matter after being repeatedly served and DOING NOTHING ABOUT IT.

Judge Marina Garcia-Wood fail to take any action against one of the largest owing child support scofflaws in the state- she didnt have time to hear the case. she was too busy!.. This guy owes more than 100,000$ in back support and.. has a valid florida driver license.. why? I cant blame her for everything.. the whole child support system is broken.. but she did NOTHING.. Need to get her off the bench.. time to re-elect will come.. then it's time to act..

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